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GST ON GOVERNMENT CONTRACTS

Goods and Services Tax - GST - By: - Dr. Sanjiv Agarwal - Dated:- 6-9-2017 Last Replied Date:- 10-9-2017 - The activities in relation to Government contracts has assumed great importance in the modern times with Government working on major projects either by way of public private partnerships or through technically and professionally qualified contractors. A contract to which the Central Government or a State Government is a party can be called a Government Contract and the party who is required .....

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s and contracts are awarded for the projects/works of following types - Civil construction - residential, commercial or industrial Erection, commissioning & installation Management, maintenance & repairs Manpower supply Other projects (e.g., EPC contacts, construction of structures, infra projects etc) Most of these contracts relate to public sector such as railway, metro, road, airports, ports, dams, canals, irrigation etc. Works contracts has been defined in section 2(119) of CGST Act, .....

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can not be categorized as works contract. In case of supply of goods and services in relation to supply of goods which are movable, the transaction of such nature would either be classified as composite supply or mixed supply for the taxability of which separate provisions have been made in CGST law. There should be a contract to provide / undertake works contract. The activities to be undertaken under a works contract may be one or more of the following : Building Construction Fabrication Compl .....

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ndate- (a) A Department or establishment of the Central or State Government, or (b) Local authority, or (c) Governmental agencies, or (d) Such persons or category of persons as may be notified by the Government. to deduct Tax Deducted at Source (TDS) @2% (1% each for CGST and SGST or 2% for IGST) from the payments made or credited to the supplier of taxable goods and/or services under a contract where value of supply exceeds INR 2.50,000. This will be over and above the TDS required to be deduct .....

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ficate will be 5 days and if any deductor (i.e., Government) fails to furnish the certificate within specified time then such deductor will be liable to pay late fees of INR 100 per day but subject to maximum limit of INR 5000/-. The deductee (i.e., contractor) shall claim credit, in his electronic cash ledger, of the tax deducted and reflected in the return of the deductor (i.e., Government) filed under section 39(3), in the prescribed manner. Section 39(3) provides that every registered taxabl .....

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